The would-be appellant in Cosentino v. Frost Bank tried to appeal a ruling about arbitrability by using the Crowson precedent about what “finality” means in longrunning probate proceedings. The Fifth Court did not accept the argument, reasoning: “As reflected in the parties’ live pleadings, the ancillary proceeding was brought as a declaratory judgment action concerning the validity and enforceability of the PMA [premarital agreement]. The order compelling arbitration determined a preliminary issue within that cause of action—that the PMA was properly executed such that an agreement to arbitrate existed and arbitration of those issues could be compelled—not a cause of action in itself that could be asserted independently as its own lawsuit.” No. 05-21-00829-CV (Feb. 16, 2022) (mem. op.).
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